Woman Awarded £725,000 in Midwife Negligence Case
A mother has been awarded more than £725,000 from a health board after a midwife's negligence left her son permanently disabled.
Sister Midwife Rosemary Murphy failed to follow protocol and used "excessive traction'' to deliver a boy after his body became stuck, leaving him with severe damage to the nerves which connect the spine to the arms, the Court of Session found.
The boy was born on July 19 1999 at the William Smellie Maternity Unit at Law Hospital in South Lanarkshire.
His mother took Lanarkshire Acute Hospitals NHS Trust to court, insisting the birth process had left her son with a permanent disability, but the trust disputed liability.
In her decision, Lady Rae said: "I am satisfied that in course of his birth, (the boy) suffered a severe brachial plexus injury to his right side as a result of the negligence of the defenders' employee, Sister Rosemary Murphy and for whom the defenders are responsible.
"Sister Murphy failed to recognise an obstetric emergency after the student midwife had been unable to deliver the body after delivery of his head.
"She failed to summon help in accordance with the protocol in existence as at July 1999.
"She failed to recognise or diagnose the existence of shoulder dystocia before delivering the head or if she did recognise the condition in time she failed to follow hospital protocol and implement the required ancillary manoeuvres to deal with such an obstetric emergency.
"Further, she used excessive traction to deliver the body.
"As a result of these failures, (the boy) was born with a severe brachial plexus injury to his right shoulder.
"Accordingly, I shall sustain the pursuer's pleas in law to the extent of the sum agreed as quantum in this case, namely £725,000 and subject to the addition of interest at the rate of 4% per annum from January 30 2015 to the date of decree.
"I repel pleas in law for the defenders.''